Legal Opinion

Larrere v. Morse

Appellate Terms of the Supreme Court of New York

Decided May 16, 1916Published

Appeal from City Court of New York, Special Term. Action by Germain Larrere against Edward P. Morse, Jr., and the Morée Dry Dock & Repair Company.

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Appeal from City Court of New York, Special Term. Action by Germain Larrere against Edward P. Morse, Jr., and the Morée Dry Dock & Repair Company. From so much of an order as denied its motion for bill of particulars, in a case involving a collision between plaintiff’s and defendant’s motor vehicles, as to the location of the accident and the direction in which plaintiff’s vehicle was proceeding, and as to a statement of the negligent acts which plaintiff claims caused the accident, the defendant corporation appeals. Order reversed, and motion granted.

1Opinion of the CourtBijur, J.

The learned court below denied the motion as to these particulars on the ground that they were “apparently, at least, if not more, within the knowledge of the defendant than the plaintiff.” It is well settled in this department that, as the particulars authorized to be required are of the party’s claim, knowledge on the part of the other party of alleged facts is quite immaterial. Dwyer v. Slattery, 118 App. Div. 345, 103 N. Y. Supp. 433; Waller v. Degnon Contr. Co., 120 App. Div. 389, 105 N. Y. Supp. 203; Bjork v. Post & McCord, 125 App. Div. 813, 110 N. Y. Supp. 206.

The two cases cited as…

2Cases cited5 opinions

  1. Dwyer v. SlatteryAppellate Division of the Supreme Court of the State of New York · 1907
  2. Griffin v. Cunard Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1913
  3. Bjork v. Post & McCordAppellate Division of the Supreme Court of the State of New York · 1908
  4. Fernet v. James Stewart & Co.Appellate Division of the Supreme Court of the State of New York · 1914
  5. Waller v. Degnon Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1907

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